Other forms of alternative dispute resolution

There are two schools of thought to alternative dispute resolution (ADR) in that either:

  • You are seeking some forum to try to resolve the dispute between the parties without another imposing a decision upon them; and/or
  • You are looking for someone other than an adjudicator or Judge to impose a decision once it is clear that the parties cannot reach a decision.

We understand the spectrum of alternative dispute resolution and, if negotiation/mediation will not work for you, we can advise you about whether to pursue any other form of ADR. Our recent experience includes:

  • Written opinion of counsel, by which both parties made simultaneous written submissions to a retired judge and he expressed how he would have resolved the case, thus enabling the parties to settle soon afterwards;
  • Independent expert determination, in which the expert was tasked with resolving a valuation for the parties; his decision being regarded as final; &
  • Alternative outcome planning, by which various permutations of events were impacted for time and cost by relevant joint experts, to show the parties their range of outcomes so they could negotiate a happy medium.

If we can assist you in any way, or if you simply want to discuss the needs of your construction and engineering project, we would be delighted to meet with you either in our office or at your office to discuss your issues. Please contact us at any time.